S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2033
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2025
                                ___________
 
 Introduced by Sens. HARCKHAM, HINCHEY, KRUEGER, MYRIE, WALCZYK, WEBER --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing amendments to sections 3 and 4 of article 17 of the  constitu-
   tion, in relation to the protection and promotion of the mental health
   of New Yorkers
 
   Section  1. Resolved (if the Assembly concur), That section 3 of arti-
 cle 17 of the constitution be amended to read as follows:
   § 3. The protection and promotion of the PHYSICAL AND MENTAL health of
 the inhabitants of the state are matters of public concern and provision
 therefor shall be made by the state and by such of its subdivisions  and
 in  such manner, and by such means as the legislature shall from time to
 time determine.
   § 2. Resolved (if the Assembly concur), That section 4 of  article  17
 of the constitution be amended to read as follows:
   §  4. The care and treatment of persons suffering from mental disorder
 or defect and the protection of the mental health of the inhabitants  of
 the  state [may] SHALL be provided by state and local authorities and in
 such manner as the legislature [may] SHALL from time to time  determine.
 The head of the department of mental hygiene shall visit and inspect, or
 cause to be visited and inspected by members of [his or her] THE HEAD OF
 THE  DEPARTMENT'S  staff, all institutions either public or private used
 for the care and treatment of persons suffering from mental disorder  or
 defect.
   §  3.  Resolved (if the Assembly concur), That the foregoing amendment
 be referred to the first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for 3 months previous to the time of such election.
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD89003-01-5